Child Custody Law

Child Custody Law Information

Child custody and guardianship are the legal terms used to describe the legal and practical relationship between a parent and child, including e.g. the right of the parent to make decisions for the child and the duty to care for it; it comes into question in proceedings involving dissolution of marriage, annulment and other legal proceedings where the residence and care of children are concerned. In most jurisdictions child custody is determined by the best interests of the child standard.

In many proceedings to dissolve a marriage, issues relating to child custody generate the most acrimonious disputes. It is not uncommon for one parent to accuse the other of trying to turn the child(ren) against him or her, or of disrupting the parent's communication with the child(ren). In extreme cases, parents have taken children out of the jurisdiction, in violation of court orders, so as to frustrate the other parent's custody or visitation rights.

Legal Custody

"Legal custody" gives a parent the right to make long-term decisions about the raising of a child, and key aspects of the child's welfare -- including the child's education, medical care, dental care, and religious instruction. In most child custody cases, legal custody is awarded to both parents (called "joint legal custody"), unless it is shown that one parent is somehow unfit, or is incapable of making decisions about the child's upbringing. Legal custody is different from "physical custody," which involves issues such as where the child will live.

Joint Custody

In child custody situations, "joint custody" usually refers to one of two possible scenarios: joint legal and physical custody, or joint legal custody.

In true "joint custody" arrangements, parents share equal "legal custody" and "physical custody" rights. This means that parents participate equally in making decisions about the child's upbringing and welfare, and split time evenly in having day-to-day care and responsibility for the child -- including the parent's right to have the child live with them. True joint custody arrangements are rare, because of their potential to cause both personal difficulties (stress, disruption of child's routine) and practical problems (scheduling, costs of maintaining two permanent living spaces for the child).

Much more common than true joint custody arrangements (where both physical and legal custody are shared) is "joint legal custody," in which both parents share the right to make long-term decisions about the raising of a child and key aspects of the child's welfare, with physical custody awarded to one parent.

For more free legal information on Child Custody Laws, please use the links below:

• Child Visitation Rights